JTD

By downloading and/or installing this software, you agree to be bound by the terms of this Agreement.

1. Definitions

“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.

“JTD” means JTD LLC, a Delaware limited liability company, 16192 Coastal Hwy, Lewes, De 19958.

“Font Software” means the fonts or font families that JTD licenses to you through the Typekit Marketplace for use exclusively within the Typekit Service pursuant to this Agreement.

“Typekit Marketplace” means the portion of the Typekit Service through which JTD Type offers for licensing, for the applicable license fee, the fonts or font families licensed by you under this Agreement.

“Typekit Service” means the Typekit service website accessible from typekit.com, and all other services, features, or content made available to you on and through the Typekit service.

1. Use of License

This License is between you and JTD, not Adobe. JTD grants to you a non-exclusive, non-transferable right (except in jurisdictions where the law provides a right of transfer) and license to use the Font Software in accordance with this EULA; and to access the Font Software through the Typekit Marketplace and Typekit Service in accordance with the Adobe.com Terms of Use and the Typekit Services Agreement Additional Terms, which are both incorporated into this EULA by reference. Licensor and the end user must acknowledge that the EULA is solely between Licensor and the end user and not with Adobe. The Foundry, not Adobe, is solely responsible for the Font Software.

1. Foundry Support JTD will provide reasonable maintenance and support for the Font Software or as may be required by law. JTD is solely responsible for the Font Software. Adobe has no responsibility for the Font Software and will have no obligation to provide any maintenance and support services with respect to the Font Software.

2. Restrictions on Font Software

4a. You may not modify or change the Font Software in any manner whatsoever. You further agree not to attempt to discover the source code of the Font Software.

4b. Derivative Works You may not alter, adapt, modify, translate, or create derivative works based on the licensed font itself without JTD’s prior written consent.

1. Copyright

You agree that the font and accompanying materials are the exclusive property of JTD. Unauthorized copying of the Product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of the foundry�s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.

1. Termination

You agree that The Agreement shall automatically terminate, without notice from JTD, if you fail to comply with any provision contained herein.

1. Privacy

JTD’s use of any personal information that identifies or can be used to directly or indirectly identify an individual will comply fully with any applicable local and international privacy protection regulations, data protection regulations and other applicable laws, and will be used in accordance with JTD’s privacy policy.

1. Third Party Claims

You acknowledge that in the event of any third party claim that the Font Software or your possession and use of the Font Software infringes a third party’s intellectual property rights, JTD, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

1. Compliance with Laws

You agree to comply with all laws, foreign and domestic, relating to the control of exports or the transfer of technology. Without limiting the foregoing, you represent and warrant that (i) you are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of restricted parties.

1. Disclaimer and Limited Warranty

JTD warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. JTD’s entire liability and your exclusive remedy as to a defective product shall be, at JTD’s option, either return of purchase price or replacement of any such product that is returned to JTD with a copy of the invoice. JTD shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED �AS IS�. JTD MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The entire risk as to the quality and performance of the Product rests upon you. Neither JTD nor the distributor warrants that the functions contained in the Product will meet your requirements or that the operation of the software will be uninterrupted or error free.

JTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF JTD OR THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Adobe is not responsible for any product warranties, whether express or implied by law. Adobe may, at its discretion, refund the purchase price for the Font Software in the event of any failure of the Font Software to conform to any applicable warranty.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

1. Governing Law

This agreement shall be interpreted under the laws of the State of Pennsylvania. Any litigation under this agreement shall be resolved in the trial courts of the State of Pennsylvania.

For more information, please contact James@JTDType.com